The Distillation

Critics of civil asset forfeiture should be heartened by this ruling. Not only did it vindicate the legal standing of innocent people fighting for the return of their own money, it shows that the lower courts are starting to heed Justice Thomas' call to arms against asset forfeiture abuse .... The Supreme Court offered no explanation when it refused to hear Leonard v. Texas. But one member of the Court did speak up in protest. In a statement respecting the denial of certiorari, Justice Clarence Thomas made it clear that in his view modern asset forfeiture law is fundamentally incompatible with the U.S. Constitution ... One of the most influential federal appellate courts in the country—the U.S. Court of Appeals for the District of Columbia Circuit—signaled its agreement with Thomas' assessment in a notable decision in favor of an innocent couple fighting for the return of $17,900 in cash seized by the police.

In a statement respecting the denial of certiorari, Justice Clarence Thomas made it clear that in his view modern asset forfeiture law is fundamentally incompatible with the U.S. Constitution. Yesterday, one of the most influential federal appellate courts in the country—the U.S. Court of Appeals for the District of Columbia Circuit—signaled its agreement with Thomas' assessment in a notable decision in favor of an innocent couple fighting for the return of $17,900 in cash seized by the police. As Thomas explained in Leonard v. Texas, "this system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses." For one thing, "because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture." For another, this sort of police abuse disproportionately harms disadvantaged groups. "These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings," he observed. "Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home."

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